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HomeMy WebLinkAboutRACE PACE PROMOTIONS - 1999-01-04 r -lea 5�0 .0 Le 1 Council/Agency Meeting Held: lv C ' Deferred/Continued to: Approved :1 Conditionally Approved l7 Denied Cit ler 's S' nat e -7 Council Meeting Date: 121612004 Department lD tuber: C 04-038 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMt3ERS a SUBMITTED BY: PENELOPE CUL ETA H( AFT, CITY AD INIS RATO 1. PREPARED BY: JIM B. ENGLE, DIRECTOR, COMMUNITY SERVI ~' S >. SUBJECT: TERMINATION OF AGREEMENT WITH RACE PAC _ PROMOTIONS TO PROVIDE THE PACIFIC SHORELINE MARATHON IN HUNTINGTON BEACH Statement of Issue, Funding Source,Recommended Action,Alternative Actlon(s),Analysis,Environmental Status,Attachments) Statement of Issue: Race Pace Promotions, producers of the Pacific Shoreline Marathon, wishes to terminate its agreement with the city. Funding Source: NIA Recommended Action: Waive the eleven-month notice provision, and accept Race Pace Promotions' request for termination of its agreement with the city to conduct the Pacific Shoreline Marathon.. Alternative Actions : Direct staff to seek another promoter to conduct an annual marathon. Analysis: On September 20, 1999, the city entered into an agreement with Race Pace Promotions to operate the Pacific Shoreline Marathon in the city on Superbowl Sunday from 2000 to 2009. The agreement included a provision (Attachment 1) that either party could terminate the agreement by providing eleven months written notice. On October 26, 2004, the Community Services Department received a letter from Herb Massinger, President of Race Pace Promotions (Attachment 2), that he would no longer conduct the Pacific Shoreline Marathon, even though the agreement has five years remaining on its term. Staff is having discussions with another promoter to conduct the 2005 marathon. The event will be processed through the normal Specific Events Committee and permit procedure. Staff anticipates recouping all direct costs for the event. In anticipation of securing a promoter, staff will be seeking approval of resolutions for street closure through CalTrans in a separate Council action. REQUEST FOR ACTION MEETING DATE: 12/6/2004 DEPARTMENT ID NUMBER:CSO4-038 Attachment(s): NumberCity Clerk's Page • Description 1. Excerpt from Race Pace Promotions Agreement 2. Letter from Race Pace Promotions G:1RCA12004104-033 Accept Termination of Race Pace Agreement.doc -2- i 1110120041:33 PM ATTACHMENT # 1 NOW, THEREFORE, CITY and RACE PACE do mutually agree that RACE PACE shall conduct the EVENT on Superbowl Sunday of each January(or on a date mutually agreed to by the parties) between the years 2000 to 2009 using Huntington Beach as the site under the following terms and conditions: SECTION L. AUTHORITY This Agreement is subject to Huntington Beach Municipal Code, Chapter 5.68, Specific Events, which requires, among other things, for RACE PACE to apply for and process an annual permit for the EVENT. Application to the Specific Events Committee may be made at any time_ throughout the year,but not later than ninety(90) days prior to each year's EVENT. Specific guidelines for each EVENT will be developed each year, depending upon alterations to the EVENT. SECTION 2. APPLICATION AND PERMIT FEES All fees are reviewed and approved by the Huntington Beach City Council on an annual basis and may be subject to change. RACE PACE shall pay a non-refundable Seventy-five Dollar($75) application fee prior to each year's EVENT. RACE PACE shall pay a permit fee of Five Hundred Dollars ($500)per day(EVENT days only),which is due fourteen(14) days prior to the start of each year's EVENT. SECTION 3. TERM This Agreement shall apply to the EVENT for the years 2000 through 2009 and shall remain in effect until February 1, 2009 (or later in the year 2009 if the parties mutually agree to hold the EVENT on a subsequent date in the year 2009), or until such time as either party gives the other party eleven 11)months written notice that it no Ionizer mutually to the terms and conditions set forth above. Page 2 of 13 g:/agree/RacePac S/j mf/i n/08/24/99 ATTACHMENT #2 October 26,2004 Jim Engle Community Services Director City of Huntington Beach Huntington Beach, CA Dear Jim I am no longer going to be conducting the Pacific Shoreline Marathon. I wish to exercise my option to cancel the contract with the city. I'm sorry Pm not giving you the l l month advance notice,but I know from our discussions that you understand. Thank you for all of your support over the years and I wish you and the Pacific Shoreline Marathon continued success. Sincerley, k4 ,**10. OAM� Herb Massinger President Pacific Shoreline Marathon PCA ROUTING SHEET INITIATING DEPARTMENT: COMMUNITY SERVICES SUBJECT: TERMINATION OF AGREEMENT WITH RACE PACE PROMOTIONS COUNCIL MEETING DATE: December 6, 2004 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not A licable Resolution (wlexhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached Li Not Applicable (Signed in full bg the City Attome Subleases, Third Party Agreements, etc. Attached El Not Applicable (Approved as to form by City Aftome Certificates of Insurance (Approved b the City Attome Attached El PP Y ry y} Not Applicable Fiscal Impact Statement (Unbud et, over $5,000 Attached El Not Applicable Attached Bonds (If applicable) Not A plicable Staff Report If applicable Attached p ) Not Applicable Commission, Board or Committee applicable)Report If a Attached p ( pp Not Applicable s/Conditions for Approval and/or Denial Attached -Find g pp Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial 1 City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: (Below • . Only) RCA Author; �, ,� CITY OF HUNTING°TON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPNIENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: TO: Alto jffi s S,12 o c..' ATTENTION: �!' q,Nam —f dF AV d�E "V 47A0,0 -5 � *-5 2714 ied zi�r cif. 15uiyi- O _ DEPART? LENT: Street W,vai&06m ��tL_, M ?.i">6_�94F REGARDING: City,Stale,Zip See Attached Action Agenda Item Date of Approval T Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page Agreement ✓ Bonds Insurance �// RCA^ Deed Other CC: 1�. S411aR &ir,nWn��u r✓icr� .1���. ,i r Name -1 Department RCA Agreement Insurance Other 162124 A min S� ✓ ✓ _1z Name � Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Risk Management Dept. Insurance Received by Name- Company Name-Date G:rat loµ upl[.etters;covcrltr {Telephone:714-536.5227) • . I- �sl►n e., 5p.Evers Council/Agency Meeting Held: q-.10 y Deferred/Continued to: ' A rov 0 Conditionally ADDrOved 0 Denied Afo- City Clerk's Signatur Council Meeting Date: September 20, 1999 Department ID Number: CS99-029 J.i c#ed t &,ww nit e.—ces alrerfw- �,n .� g164� e dh t yqa� z�r e- /0- ,Rime 3°to sf'9ris0 -A.- I.s {irrrf wive reaw-s 4.nd'Sda n mot afa 6.5alliva"-nod CITY OF HUNTINGTON BEACH REQUEST FOR ACTION -� -�M SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL �- -0 J SUBMITTED BY: RAY SILVER, City AdministratoraW PREPARED BY: RON HAGAN, Community Services Directo A SUBJECT: APPROVE A 10-YEAR AGREEMENT WITH RACE PACE PROMOTIONS TO HOST THE PACIFIC SHORELINE MARATHON IN HUNTINGTON BEACH ON AN ANNUAL BASIS BEGINNING IN 2000. REPEAL RESOLUTION NO. 99-1 AND ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FOR THE TEMPORARY CLOSURE OF PACIFIC:COAST HIGHWAY FOR THE PACIFIC SHORELINE MARATHON IN HUNTINGTON BEACH REPEAL RESOLUTION NO. 99-2 AND ADOPT A RESOLUTION FOR THE TEMPORARY CLOSURE OF PORTIONS OF GOLDEN WEST AVE., GARFIELD AVE., EDWARDS AVE., SEAPOINT AVE., INLET DR., AND CENTRAL PARK DR. FOR THE PACIFIC SHORELINE MARATHON IN HUNTINGTON BEACH 1 -- - - - ' We, /t/a5• q9- 7l ff 7Z Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attac#rment(s) 11 Statement of Issue: Staff is requesting City Council approval of a new ten year agreement with Race Pace Promotions, and adoption of two new resolutions to expand the race course for the Pacific Shoreline Marathon in Huntington Beach in order to continue to build a world class marathon in the City of Huntington Beach and to showcase more portions of the city. Funding Source: Not applicable. Recommended Actions: Motion to: 1. Approve a new ten-year agreement with inclusion of revenue sharing with Race Pace Promotions to operate the Pacific Shoreline Marathon in Huntington Beach with an expanded course, and authorize the Mayor and City Clerk to execute same; and 2. Repeal Resolution No. 99-1 and adopt Resolution 99-7 ) for the temporary closure of Pacific Coast Highway as required by Caltrans for the Pacific Shoreline Marathon each year on the Sunday of the last weekend of January; and RCA Race Pace Agreement — August 26,199912:56 PM 'e" I q REQUEST FOR ACTION MEETING DATE: September 20, 1999 DEPARTMENT ID NUMBER: CS 99-029 3. Repeal Resolution No. 99-2 and adopt Resolution 9A-?Z. for the closure of local streets for the Pacific Shoreline Marathon each year on the Sunday of the last weekend of January. Iternative Actions : Do not approve a new ten-year agreement with Race Pace Promotions to host the Pacific Shoreline Marathon in Huntington Beach. Do not approve new resolutions for the temporary closure of Pacific Coast Highway and other local streets for the Pacific Shoreline Marathon. Analysis: On January 4, 1999 City Council adopted Resolutions 99-1 and 99-2 for street closure, and approved a ten-year agreement with Race Pace Promotions for the operation of the Pacific Shoreline Marathon in Huntington Beach. City Council also directed staff to amend the Race Pace agreement to include a provision concerning revenue sharing. For the past six months, staff has been working on a revenue sharing model which is now completed (Attachment 1, Exhibit A). Staff has prepared a new ten-year agreement with Race Pace Promotions to host the Pacific Shoreline Marathon in Huntington Beach. In order to build a world class marathon in the City of Huntington Beach the event organizers, Race Pace Promotions and the sponsors of the Pacific Shoreline Marathon strongly believe it is-imperative to alter the course in 2000. Race Pace Promotions has proposed a new course layout that changes the configuration of the marathon to- add diversity to the -route. The former course ran back and forth along the coastline in Huntington Beach. The new course showcases the city by running along the coastline,-inland through Bolsa Chica to Huntington Central Park and back to the coast (Attachment 2). The new course will open portions of Pacific Coast Highway earlier to traffic. The Specific Event Committee has reviewed and approved the new course after making some alterations based upon the input of public safety personnel and Public Works. While there are some impacts to city residents, extensive notification will be done and additional staff and volunteers will make sure that all streets are reopened as soon as possible. In addition, local charities provide volunteers and benefit from the event. The event occurs on the Sunday of the last weekend in January when there are no other city or beach events. with the expanded course, it is necessary for City Council to repeal the earlier resolutions and adopt .new resolutions for the closure of Pacific Coast Highway as well as portions of Seapoint, Edwards, Golden West, Garfield, Inlet, and Central Park Drive.. Environmental Status: Not applicable. Attachmentfsl• Page Number No. Descriplior) ............. 1 Agreement . 2 Proposed Course Map 3 Resolution for the temporary closure of Pacific Coast Highway 4 Resolution for the temporary closure of local city streets RCA Race Pace Agreement -2- September 9, 1999 1:59 PM ATTACHMENT # 1 MUTUAL AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND RACE PACE PROMOTIONS TO PROVIDE THE PACIFIC SHORELINE MARATHON IN HUNTINGTON BEACH THIS AGREEMENT ("Agreement") is made and entered into this 20th of Se tember, 1999, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and RACE PACE PROMOTIONS, a sole proprietorship, hereinafter referred to as "RACE PACE." WHEREAS, CITY wishes to be the host site for the Pacific Shoreline Marathon in Huntington Beach ("EVENT"), and RACE PACE wishes to conduct the EVENT in Huntington Beach, California, and RACE PACE has conducted the EVENT on Superbowl Sunday of each January since 1995 in Huntington Beach, and RACE PACE desires to continue conducting the EVENT on Superbowl Sunday of each January between the years 2000 and 2009 using Huntington Beach as the site for the EVENT; and CITY has received financial and other benefit from the EVENT since it has been conducted by RACE PACE and desires RACE PACE to continue to conduct the EVENT using Huntington Beach as the site between the years 2000 to 2009 resulting in financial and other benefit to CITY; and It is in the best interest of both parties to agree to the general parameters of the terms and conditions herein in order to achieve the above. Page 1 of 13 g::'agree::RacePac 5i'j mf jn..'08;'24/99 NOW, THEREFORE, CITY and RACE PACE do mutually agree that RACE PACE shall conduct the EVENT on Superbowl Sunday of each January (or on a date mutually agreed to by the parties) between the years 2000 to 2009 using Huntington Beach as the site under the following terms and conditions: SECTION 1. AliTHORITY This Agreement is subject to Huntington Beach Municipal Code, Chapter 5.68, Specific Events, which requires, among other things, for RACE PACE to apply for and process an annual permit for the EVENT. Application to the Specific Events Committee may be made at any time throughout the year, but not later than ninety(90) days prior to each year's EVENT. Specific guidelines for each EVENT will be developed each year, depending upon alterations to the EVENT. SECTION 2. APPLICATION AND PERMIT FEES All fees are reviewed and approved by the Huntington Beach City Council on an annual basis and may be subject to change. RACE PACE shall pay a non-refundable Seventy-five Dollar(S75) application fee prior to each year's EVENT. RACE PACE shall pay a permit fee of Five Hundred Dollars ($500) per day (EVENT days only), which is due fourteen.(]4) days prior to the start of each year's EVENT. SECTION 3. TERM This Agreement shall apply to the EVENT for the years 2000 through 2009 and shall remain in effect until February 1, 2009 (or later in the year 2009 if the parties mutually agree to hold the EVENT on a subsequent date in the year 2009), or until such time as either party gives the other party eleven (11) months written notice that it no longer mutually agrees to the terms and conditions set forth above. Page 2 of 13 g:/agree.'RacePac5ljmf;"in/08+"24 99 SECTION 4. EXCLUSIVITY For the term of this Agreement, the sole, exclusive, and only recognized Olympic- distance marathon to be conducted on public property in the City of Huntington Beach shall be the Pacific Shoreline Marathon. SECTION 5. PROPRIETARY INTEREST IN MARATHON NAME In the event this Agreement is terminated for any reason and at the conclusion of the term of this Agreement, the name "Pacific Shoreline Marathon" shall be the sole property of RACE PACE." SECTION 6. REVENUE SHARrNG Beginning in the year 2005, CITY shall share in total revenue produced by RACE PACE according to the formula contained in the CITY's "Event Budget Information Worksheet," attached hereto as Exhibit "A" and incorporated into this Agreement by this reference. By no later than sixty(60) days from the date of that year's EVENT, RACE PACE shall perform both of the following: (1) submit to CITY final reconciliation figures supporting the revenue sharing amount calculated pursuant to CITY's "Event Budget Information Worksheet," and (2) pay any such revenue sharing amount owed to CITY. If CITY does not receive this annual revenue sharing amount by no later than sixty(60) days from the date of that year's EVENT;then RACE PACE shall pay a late charge of one and a half percent (1 %z%) per month for each month payment hereunder is due but unpaid. Should any dispute arise concerning the calculation of the CITY's net revenue sharing under the provisions of Exhibit "A," the parties hereto shall select a mutually agreeable certified public accountant to serve as a mediator and thereafter engage in a good faith effort to mediate and resolve any dispute concerning such calculation prior to either Page 3 of 13 g:/agree/RacePacS?jmf/jn/08/24/99 party filing an action with regard to such dispute. The cost of the mediator shall be divided equally between the parties. SECTION 7. ALCOHOL SPONSORSHIP The fee for alcohol sponsorship (including a television contract) is Four Thousand Five Hundred Dollars ($4,500). Alcohol sponsorships also require that alcohol beverage advertising include at least 20 percent (20%) of the total sign area to incorporate educational message statements such as, "No Alcoholic Beverage Consumption on the Beach" and "Don't Drink and Drive." SECTION 8. FILM PERMIT A film permit is required for videotaping or filming of the EVENT. The costs include a Fifty Dollar(S50) application fee and a Five Hundred Dollar (5500) per day permit fee. If the above-mentioned alcohol sponsorship is paid, filming permit fees are included in the alcohol sponsorship. SECTION 9. FIRE DEPARTMENT REQUIREMENTS Emergency medical response plans must be developed in cooperation with and approved by CITY's Fire Department. Emergency vehicle access must be maintained throughout the EVENT at all times. A fire permit will be required for the use of tents and canopies.-The cost is One Hundred Twenty-five Dollars ($125), which RACE PACE shall pay prior to each year's EVENT. A fire inspection will also be required on the final set-up days prior to each phase of the EVENT. Radio communication between RACE PACE staff, volunteers and CITY public safety staff must be maintained at all times during the EVENT. The radio communication plan is the responsibility of RACE PACE and must be approved by CITY's Fire and Police Departments and the Marine Safety Division. Page 4 of 13 g:lagree RacePacS:'jmf°fin-'08.!24::99 SECTION 10. POLICE DEPARTMENT REQUIREMENTS The total cost for police services will be estimated each year depending on the EVENT size. RACE PACE shall pay this total cost prior to each year's EVENT. The plan for volunteer placement for the purpose of monitoring road closure intersections must be approved by CITY's Police Department. RACE PACE shall sufficiently train volunteers and instruct them to remain at their designated site until the roads are reopened. Provided, however, that RACE PACE, with the CITY's prior written consent, may contact and obtain services from other agencies, such as the Orange County Sheriffs Department, to assist in the organization of the EVENT. SECTION 11. HOLD HARMLESS RACE PACE shall protect, defend, indemnify and save and hold harmless CITY, its officers, officials, and employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out of or in connection with RACE PACE's performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by RACE PACE, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. SECTION 12. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, RACE PACE acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; RACE PACE covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Unless RACE PACE files with CITY an approved signed Declaration of Non-Employer Status, RACE PACE shall maintain workers' compensation insurance in an amount of not less Page 5 of 13 g:'agree:'RacePac5 jmf'jrL..-"08::24 99 0 • than One Hundred Thousand Dollars ($100,000)bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. RACE PACE shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. RACE PACE shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and RACE PACE shall similarly require all subcontractors to waive subrogation. SECTION 13. GENERAL LIABILITY INSURANCE In addition to the workers' compensation insurance and RACE PACE's covenant to indemnify CITY, RACE PACE shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the EVENT. Said policy shall indemnify RACE PACE, its officers, agents and employees, while acting within the scope of - their duties, against any and all claims arising out of or in connection with the EVENT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than S1,000,000 for this EVENT. Said policy shall name CITY, its agents, its officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the EVENT shall be deemed excess coverage and that RACE PACE's insurance shall be primary. Under no circumstances shall the above-mentioned insurance contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage. Page 6 of 13 g;/agree/RacePac5/jmf'jn 08/24/99 SECTION 14. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder, RACE PACE shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C. shall promise that such policies shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice; however, ten (10) days prior written notice in the event of cancellation for nonpayment of premium. RACE PACE shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The Agreement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by RACE PACE under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. RACE PACE shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. SECTION 15. BUSINESS LICENSE The following types of businesses that are not currently licensed in CITY are required to have a City of Huntington Beach business license for specific events: A. Any business or organization sponsoring or promoting the EVENT. B. A vendor of food or merchandise. C. A business making a pickup or delivery. Page 7 of 13 g:`agree RacePacS imf.jn 08 24 99 D. A business performing a service, e.g., installing a public announcement system, setting up bleachers, security, etc. E. A band or musical group providing entertainment. F. A business advertising a product. G. A nonprofit organization soliciting or distributing literature. .(There is no fee for nonprofit organizations if proper documents are provided.) There are several different ways of obtaining a business license, such as a"blanket style" taken out by the promoter of the event which would cover everyone involved. A one-day license is also an option. An additional fee schedule is available based on the number of days and number of vendor booths or stalls. This can be purchased on an annual or per event basis. A business license for a specific event should be purchased a minimum of one (1) week prior to the event. RACE PACE shall obtain the appropriate business license from CITY prior to each year's EVENT. SECTION 16. PUBLIC WORKS A Closure Plan shall be adopted prior to each year's EVENT. Closure of Pacific Coast Highway must adhere to guidelines set out and approved by the California Department of Transportation ("Cal Trans"). Closure of CITY streets must be approved by resolution of the City Council. Changes in the course may be necessary due to construction or public safety needs; provided, however that if any of CITY's construction projects requires a change of the course, then CITY shall be responsible for the costs to change the course. These changes must be initially reviewed by the Specific Events Committee and CITY's Traffic Engineering Division, with final approval by the Director of Public Works. Any changes to the Closure Plan for state highways must obtain approval from Cal Trans. CITY's Public Works Department is Page 8 of 13 g:/agree/Race Pac5/j mf/j ni 08/24/99 • • responsible for the posting of NO PARKING signs; the cost of this service will be determined by CITY's Public Works Department and paid by CITY's Specific Events Committee prior to each year's EVENT. All temporary power needs where there is a need to access CITY electrical power must be coordinated through CITY's Public `Yorks Department. The cost for this service will be determined on an annual basis and paid by CITY's Specific Events Committee prior to each year's EVENT. CITY will work in cooperation with RACE PACE to notify residents and businesses that are affected by the road closure; CITY shall print and distribute such notifications. Notwithstanding any of the foregoing, the parties may mutually agree to a change in the Closure Plan. SECTION 17. BANNERS There are numerous banner-locations on light poles both on the pier and throughout the CITY. For banners located on Beach Boulevard or Pacific Coast Highway, RACE PACE is required to obtain a Cal Trans permit. No commercial advertising is permitted on either thoroughfare. The cost of installing and removing banners and location availability is determined by CITY's Public Works Department and paid by RACE PACE prior to each year's EVENT. There are also three locations on Main Street for banners across the street and one location at Pier Plaza. Reservations are subject to availability and all banners must comply with CITY specifications. CITY and RACE PACE agree to consider a permanent signage program to promote the EVENT pursuant to a further mutual agreement between the parties. SECTION 18. BEACH PARKING Subject to approval by the Community Services Director, RACE PACE may arrange parking for VIPs and participants for One Dollar(S 1) per space per day. Parking meters in the downtown area will be operational during the EVENT and anyone parking in the downtown Page 9 of 13 g:/agree/RacePac 5/j mf/j rt/08/24/99 • • parking structure will be charged the regular rate. RACE PACE will submit a plan for CITY's written approval for all parking for EVENT volunteers and vendors with City's Community Services Parking Supervisor. RACE PACE and CITY will endeavor to make reasonable accommodations for the parking needs of beach concessionaires operating under leases from CITY ("BEACH CONCESSIONAIRES"). SECTION 19. BEACH CONCESSIONAIRES RACE PACE shall be permitted to provide food and beverages for the EVENT staff, race participants, and general public within the EVENT area. The EVENT area shall be defined as to each race on the annual permit issued by CITY. Dispensing food and beverages outside of the EVENT area by RACE PACE will not be permitted without CITY's prior written approval. With regard to the food and beverages served within the beach portion of the EVENT area, RACE PACE shall provide notice of the EVENT to any BEACH CONCESSIONAIRE identified in Exhibit"B" hereto (which may be modified from time to time by CITY) at least ninety(90) days prior to each year's EVENT. Any of the BEACH CONCESSIONAIRES will be allowed to sell its food and beverages at a booth to be located within the EVENT exposition area(which will be determined by CITY for each year's EVENT) at no cost to the participating BEACH CONCESSIONAIRE. SECTION 20. MARINE SAFETY Lifeguard emergency access must be maintained throughout the EVENT at all times. CITY's area of responsibility is from Seapoint Street to Beach Boulevard. RACE PACE shall be responsible for obtaining the State's approval for maintaining lifeguard emergency access for the areas along the beach and service road beyond these boundaries. Signs must be posted along the Page 10 of 13 g:/agree.:RacePac5/jmf,-'jn/08 24199 beach service road thirty(30) days in advance of advising the public of the EVENT. RACE PACE shall pay for these costs prior to each year's EVENT. SECTION 21. BEACH MAINTENANCE Portable rest rooms and trash pickup and removal should follow the established guidelines (one unit per five hundred (500) attendees, serviced daily.) If relocation of lifeguard towers is necessary to accommodate the EVENT, there will be a charge for this service, which RACE PACE shall pay prior to each year's EVENT. SECTION*22. COMMUNITY DEVELOPMENT RACE PACE is required to obtain a building permit for bleachers and platforms prior to each year's EVENT. RACE PACE shall submit plans for approval a minimum of forty-five (45) days prior to each year's EVENT. RACE PACE is required to obtain an electrical permit for vehicle-mounted or portable generators prior to each year's EVENT. The EVENT must be in compliance with the Americans with Disabilities Act. SECTION 23. CITY EMPLOYEES AND OFFICIALS RACE PACE shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. SECTION 24. ASSIGNII`G AS BREACH RACE PACE shall not encumber, assign, or otherwise transfer this Agreement, or any right or interest in this Agreement, without the express written consent of CITY first had and obtained. A consent by CITY to one assignment or transfer to another person shall not be deemed to be a consent to any subsequent assignment or transfer to another person. Any Page 11 of 13 g:'agree.-RacePac5/jmf jal08!24 99 encumbrance, assignment or transfer, without the prior written consent of CITY, whether it be voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of CITY, terminate this Agreement. Notwithstanding the foregoing, RACE PACE may encumber, assign, or otherwise transfer its rights-and obligations under this Agreement to another business entity which Herbert Massinger holds at least fifty-one percent (51%) interest and is actively involved in its management. SECTION 25. NOTICES Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to RACE PACE or to CITY's Director of Community Services as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed as follows: TO CITY: TO RACE PACE: Ron Hagan Herbert Massinger Director of Community Service RACE PACE PROMOTIONS City of Huntington Beach 315 Third Street, Suite O 2000 Main Street, P.O. Box 190 Huntington Beach, CA 92648 Huntington Beach, CA 92648. SECTION 26. LEGAL SERVICES SUBCONTRACTING PROHIBITED RACE PACE and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. RACE PACE understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal sen-ices expenses incurred by RACE PACE. [SIGNATURES ON NEXT PAGE] Page 12 of 13 g:/agree/RacePac 5/j mfi j N08/24/99 SECTION 27. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. SECTION 28. ENTIRETY The foregoing, and Exhibits "A" and "B" attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. RACE PACE PROMOTIONS, CITY OF HUNTINGTON BEACH, a sole proprietorship a municipal corporation of the State of California By: Mayor (print name) Its Owner ATTEST: '!�� 4& City Clerk 47 APPROVED AS TO r RM: — " Z '�-j/4ke�: — City q Attorney o REVIEWED AND APPROVED: INITIATED AND APPROVED:d Z401"rlvw- // I City A ministrator Vbireciofgf Community Services Page 13 of 13 g:/agree/RacePac5/jmf/jn/08/24/99 0 ,y83/24/1,399 14:3' 7145492943 WIGMORE INSURANCE PAGE 02 1111 08/24/1999 WOW" (714)979-6543 FAX (71QS49�4 43- THIS CERIEIS 1880roAS*WATTEROfiN k1ATM i mare insurance A envy, Inc. I ONLY AMD CQNfERS NO RIGHTS UPON THE CERTIFICATE 9 g y 140U ER_THIS GEWIFICATE DOES NOT AMEND,EXTEND OR .icense 00811959 I ALTER THE COVERA6$AFFORDS!?BY T1iE POtFCI@8 DEtAw: :970 Harbor Blvd. #215 ; COMPANtiES AFFORDING COVERAGE :osta Mesa, CA 92626 1 COMP MY Zurich-American 4w: Tod bearbower WV A Race Pace Promotions eO"'P""y . 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'r • 4•�- -II - . - 1 s 1 �s_ 8s* ►_ '7, .as�L, 'C- 4�►t. •• • `li FE.'++' r + . . ., o • - - 1 - --as.m• '� _ IY - _---fie t - �Yr--««4 'sa - •-a ':1... `_' .�.f'•-, .:a• - '�`'si 1 .: "'.:';I�y_: �t.!i+�j�;• -:■e,r�i''i'`� f 5 e t ' V I��a.f• �j i-t WS .. .1 .+.. + � • I1i'fL 1t 1. it W1 pook CA:;0 95 i 1 ► :1: ,F, •i , i+t�i 1 a 1' •• etl 10. -T i &AVERY'" , RECYCLED PAPER MADF FROM 0%POST CONSUMFR CONTCW a m x W t4- . , - CITY OF HUNTINGTON BEACH SPECIFIC EVENTS REVENUE IMPACT MODEL ECONOMIC IMPACT ON LOCAL RETAIL ECONOMY NAME OF EVENT: ESTIMATED ATTENDANCE: CATEGORY # MULTIPLIER ESTIMATED IMPACT NUMBER OF ROOM NIGHTS $0 NUMBER OF MEALS PURCHASED $0 NO. OF SHOPPERS(ATTENDANCE) $0 NO. OF PARKING SPACES $00 A. TOTAL ESTIMATED IMPACT ON LOCAL RETAIL $0 DIRECT SPENDING BY EVENT ORGANIZER PRE EVENT VISITATIONIBUSINESS $0 EVENT SPONSOR SPENDING $0 MEDIA CONTRIBUTION W- B. TOTAL DIRECT SPENDING $0 GOVERNMENT REVENUE ROOM TAX $0 X 10% $0 SALES TAX $0 X 1% $0 PERMIT FEES PAID TO CITY PERMIT FEES PAIDIOTHER AGENCIES COST RECOVERY FEES TO CITY COST RECOVERY FEES OTHER AGENCIES REVENUE SHARING AMOUNT PAID $0 C. TOTAL GOVERNMENTAL REVENUE $0 TOTAL ESTIMATED ECONOMIC IMPACT OF EVENT TOTAL A + B+ C $0 ESTIMATED ECONOMIC IMPACT PER ATTENDEE #DIV101 EXHIBIT "A" EVENT BUDGET INFORMAMON WORKSHEET NAME OF EVENT: DATES OF EVENT: EVENT R ENU : AMOUNT TELEVISION SPONSORSHIP TICKET SALES MERCHANDIZE SALES LICENSING CONCESSIONS OTHER TOTAL REVENUE $0 EVENT EXPENSES: PRE EVENT DEVELOPMENT PAYROLL CONTRACT SERVICES EQUIPMENT RENTAL STAGING PUBLICITY/ADVERTISING PERMIT FEES/LICENSES COMMISSIONS INSURANCE ADMINISTRATION/OVERHEAD PETTY CASH DONATIONS TO CHARITY OTHER TOTAL EXPENSES L0 TOTAL EVENT NET REVENUE $0 THIS FORM MUST BE SUBMITTED SUBJECT TO Section 6 REVENUE SHARING ®AVERY'- 7�� RECYCLED RAPER MADE FROM PO%POST CONSUMER CONTENT I I • EXHIBIT "B" The Beach Hut 536-2752 Duke's Surf City Restaurant 21529 Pacific Coast Highway 317 Pacific Coast Highway Roy McClymonds Huntington Beach CA 92648 8262 Niland Way Bret Barnes, Mgr. 374-6446 Garden Grove CA 92644 TS Restaurants 536-2752 Sandy Saxton 225 Plaza St., Ste. 300 Dwight's 536-8083 Solana Beach CA 92075 201 Pacific Coast Highway (619) 792-6690 & Jack's 536-8328 21291 Pacific Coast Highway Chlmayo's Restaurant Jack Clapp (under Duke's) 1210 Main Street Dirk Smith, Mgr. 374-7273 Huntington Beach CA 92648 Culinary Adventures Inc. 536-2603 Rudy Pollak 567 San Nicolas Dr., Ste. 400 Ruby's Surf City Diner 969-7829 Newport Beach CA 92660 1 Main Street (949) 718-4631 Doug Cavanaugh 110 Newport Center Drive, Ste. 110 Waterfront Beach Cabana 536-2631 Newport Beach CA 92660 21351 Pacific Coast Highway 644-7829, X-104 Vic's 536-3989 21003 Pacific Coast Highway Monte Nitzkowski 7041 Seal Circle Huntington Beach CA 92648 536-3989 Zack's Too 536-2696 21579 Pacific Coast Highway & State Beach Concessions & Zack's Pier Plaza 536-0215 Mike All 19105 C Beachcrest Lane Huntington Beach CA 92646 962-2207 ATTACHMENT 2 Z 3 LJ J Z = VARNER AVE WARNER AVE i\ \� SLATER AVE TALBERT AVE TALBERT AVE W �\ J \\ � ELL73 AVE CLL[S AVE Ti \\\ CARPIELO vE \\ GAR"ELO AVE \\ \ YORKTOVN AVE \ A \ ` AllAMS AVE r' \ iN1'[ANAP0.[S AVE ■ START \• ATLANTA AVE \ N apt O p gi • FINISH v z5 HIWILTON AVE . j v Utlnva"Ow*o AwrT REVISIONS 2000 PACFIC SWCQELAC MARATHON ATTACHMENT #3 i • RESOLUTION NO. 99-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING CALTRANS APPROVE THE CLOSING OF PACIFIC COAST HIGHWAY FOR THE HUNTINGTON BEACH PACIFIC SHORELINE MARATHON RUN WHEREAS, the City Council of the City of Huntington Beach desires to support community events and bring tourism to the City; and The City of Huntington Beach is a participating host to the Pacific Shoreline Marathon run on January 30, 2000, and; This community event will require the closing of Pacific Coast Highway, which requires approval of Caltrans, NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of Huntington Beach requests. that Caltrans approve the closure of Pacific Coast Highway between Beach Boulevard and Warner Avenue on January 30, 2000, to accommodate the participants in the Huntington Beach Pacific Shoreline Marathon. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 20th day of_ _ September 1999. ATT,jST: Mayor ' �'7ui APPROVED AS TO FORM: City Clerk REVIEWED AND APPROVED P SS City Attorney � .w.r INITIATED e PR- ED: 1 City Agfninistrator T D646rof Co unity Services 99resolutionlmarathon108l30199 Res. No. 99-71 STATE OF CAOFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTIItiGTON BEACH ) I, CONNIE BROCKWAY. the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the ZOth day of September, 1999 by the following vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman NOES: Sullivan ABSENT: None ABSTAIN: None City Clerk and ex-officio Clef of the City Council of the City of Huntington Beach, California ATTACHMENT ..................# 4 RESOLUTION NO. 99-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FOR THE TEMPORARY CLOSURE OF PORTIONS OF GOLDENWEST STREET, GARFIELD AVENUE, EDWARDS STREET, SEAPOINT INLET AND CENTRAL PARK DRIVE FOR THE PACIFIC SHORELINE MARATHON RUN WHEREAS, the City Council of the City of Huntington Beach desires to support community events and bring tourism to the City; and The City of Huntington Beach is a participating host of the Pacific Shoreline Marathon run in January of each year on the last Sunday of the month, and; The event organizers, Race Pace Promotions to build a world-class marathon in the City of Huntington Beach and to showcase portions of the City, and; This community event will require the closing of city streets to accommodate participants and guarantee public safety, NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of Huntington Beach approves the closure of portions of Goldenwest Street, Garfield Avenue, Edwards Street, Seapoint Inlet and Central Park Drive, or other streets as deemed necessary for event management and public safety on Sunday January 30, 2000. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 20th day of Se er. , 1999. ATT� Mayo 44 City Clerk to, APPROVE AS TO FO {V1: REVIEWED.AND APPROVED: -� Cit Attorney INITIATEDe PP OVED: City Ad inistrator 0146to'f 65tommunity Services 99resoluiion.'closea%-e;08/30j99 Res. No. 99-72 STATE OF CALIFORNIA } COUNTY OF ORANGE ) ss: CITY OF HI:NTINGTON BEACH ) .f, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 20th day of September, 1999 by the following vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman DOES: Sullivan ABSENT: None ABSTAIN: None City Clerk and ex-officio CRrk of the City Council of the City of Huntington Beach, California ----- '----'-----' --- - -- - - - ---- CP �2 °-~v csb Council/Agency Meeting Held: 4ki 600. 10 D erred/Continued to: jAgro ved Conditio Iy Ap ro d ❑ ied Pv r±berk's Signature Council Meeting Date: January 4, 1999 Department ID Number: CS 99-002 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: RAY SILVER, City Administratorj� Tom' PREPARED BY: RON HAGAN, Community Services Direct SUBJECT: APPROVE A 10-YEAR AGREEMENT WITH RACE PACE PROMOTIONS TO HOST THE PACIFIC SHORELINE MARATHON IN HUNTINGTON BEACH ON AN ANNUAL BASIS BEGINNING IN YEAR 2000. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FOR THE TEMPORARY CLOSURE OF PACIFIC COAST HIGHWAY, AND ADOPT A RESOLUTION FOR THE TEMPORARY CLOSURE OF PORTIONS OF GOLDENWEST AVE., GARFIELD AVE., EDWARDS AVE., ELLIS AVE., PALM AVE., AND SEAPOINT AVE. FOR THE PACIFIC SHORELINE MARATHON IN HUNTINGTON BEACH FOR THE YEARS 2000-2010. Statement of Issue,Funding Source,Recommended Action,Alternative Actions),Analysis,Environmental Status,Attachment(sj Statement of Issue: Staff is requesting City Council approval of a ten year agreement with Race Pace Promotions and two resolutions to expand the race course for the Pacific Shoreline Marathon in Huntington Beach in order to continue to build a world class marathon in the City of Huntington Beach and to showcase more portions of the city. In order to solicit increased sponsorships to build the event, the race organizers need to have a long-term commitment from the City of Huntington Beach and the city needs a long-term commitment in order to serve as a host site for the event. Funding Source: Not applicable. 'Dirxct' ,5trr_'r 4h�r_ eo".6r'c& �;R 5-et J%to ua H -IA e / tor �trl t ua i ofroc-ee Recommended Action: /aerss�C c es f�� .v .fy .�rcu ii m eqY?ee! are e/a�.s� 1. Approve a ten-year agreemenrwit�Race Pace Promotions to operate the Pacific Shoreline Marathon in Huntington Beach with an expanded course.. nd authorize the Mayor and City Clerk to execute same; and rca.doc — 12/29/9812:52 PM REQUEST FOR ACTION MEETING DATE: January 4, 1999 DEPARTMENT ID NUMBER: CS 99-002 2. Adopt Resolution for the temporary closure of Pacific Coast Highway for the event as required by Caltrans each year on the Sunday of the last weekend of the month of January; and 3. Adopt Resolution for the closure of local streets for the event each year on the Sunday of the last weekend of the month of January. Alternative Action(s): Do not approve a ten-year agreement with Race Pace Promotions to host the Pacific Shoreline Marathon in Huntington Beach. Do not approve resolutions for the closure of Pacific Coast Highway and for the closure of local streets for the event. Analysis: Huntington Beach has hosted the Pacific Shoreline Marathon since 1997 on the last Sunday of the month of January: The event includes a marathon, half marathon and 1015K run. Within its brief history, the Pacific Shoreline Marathon has established itself as the premier roadracing event in Orange County In 1998, it's second year of operation, the event doubled in the number of participants with a total of approximately 5,000 runners. The Pacific Shoreline Marathon attracts runners from over 300 cities in California and throughout the United States and several other countries. There is also a large Huntington Beach participant base, making the event both a destination for tourists and a local community event. In order to build a world class marathon in the City of Huntington Beach the event organizers, Race Pace Promotions and the sponsors of the Pacific Shoreline Marathon strongly believe it is imperative to alter the course in year 2000. Race Pace Promotions has proposed a new course layout that changes the configuration of the marathon from a course that runs back and forth along the coastline in Huntington Beach to one that showcases the city, running along the coastline, inland through Bolsa Chica to Huntington Central Park and back to the coast (see attached map). This change is necessary to entice runners to return, to interest new runners and to solicit increased sponsorships. There is considerable more cost to the promoter to operate this new course. In order to obtain the sponsorship necessary to build the event, race organizers need to have a long-term commitment from the City of Huntington Beach declaring its commitment to serve as a host site. Conversely, the city, by making a long term commitment to host the Pacific Shoreline Marathon in Huntington Beach will insure that as the event develops and grows, the promoters will not take this successful event to a new location. The Specific Event Committee has reviewed the course and alterations were made based upon the input of public safety personnel and Public Works. While there are some impacts to city residents as a result of the new course, extensive notification will be done and additional staff and volunteers will make sure that all streets are reopened as soon as possible. rca.doc -2- 12/29/98 12:52 PM I REQUEST FOR ACTION MEETING DATE: January 4, 1999 DEPARTMENT ID NUMBER: CS 99-002 The event is self-supporting and promoters pay all costs including city costs. In addition local charities provide volunteers and benefit from the event. The event occurs on the Sunday of the last weekend in January when there are no other city or beach events. Environmental Status: Not applicable. Attachment(s): City Clerk's • . . - Number No. Description .........:.:...........:.. 1 Agreement 2 Proposed Course Map 3 Resolution for the temporary closure of Pacific Coast Highway :. ...:: : �4 Resolution for the temporary closure of local city streets RCA Author: RH:no rca.doc -3- 12/29/98 12:52 PM ATTACHMENT # 1 MUTUAL AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND RACE PACE PROMOTIONS THIS AGREEMENT ("Agreement") is made and entered into this of , 199_, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and RACE PACE PROMOTIONS, a sole proprietorship, hereinafter referred to as "RACE PACE." WHEREAS, CITY wishes to be the host site for the Pacific Shoreline Huntington Beach Marathon ("EVENT"), and RACE PACE wishes to conduct the EVENT in Huntington Beach, California, and Both parties need to accomplish long range planning in order to implement the EVENT, and It is in the best interest of both parties to agree to the general parameters of the terms and conditions required of each organization in order to achieve the above. NOW, THEREFORE, CITY and RACE PACE do mutually agree as follows: SECTION 1. AUTHORITY This Agreement is subject to Huntington Beach Municipal Code, Chapter 5.68, Specific Events, which requires, among other things, for RACE PACE to apply for and process an annual permit for the EVENT. Application to the Specific Events Committee may be made at any time throughout the year, but not later than ninety(90) days prior to each year's EVENT. Specific guidelines for each EVENT will be developed each year, depending upon-alterations to the EVENT. g:/agree/RacepPace/jmf/jn/12/28/98 i SECTION 2. APPLICATION AND PERMIT FEES All fees are reviewed and approved by the Huntington Beach City Council on an annual basis and may be subject to change. RACE PACE shall pay a non-refundable Seventy-five Dollar($75) application fee prior to each year's EVENT. RACE PACE shall pay a permit fee of Five Hundred Dollars ($500)per day(EVENT days only), which is due fourteen (14) days prior to the start of each year's EVENT. SECTION 3. TERM This Agreement shall apply to the EVENT for the years 2000 through 2010 and shall remain in effect until February 1, 2010, or until such time as either party gives the other party a one-year«mitten notice that it no longer mutually agrees to the terms and conditions set forth above. SECTION 4. ALCOHOL SPONSORSHIP The fee for alcohol sponsorship (including a television contract) is Four Thousand Five Hundred Dollars ($4,500). Alcohol sponsorships also require that alcohol beverage advertising include at least 20 percent (20%) of the total sign area to incorporate educational message statements such as, "No Alcoholic Beverage Consumption on the Beach" and "Don't Drink and Drive." SECTION 5. FILM PERMIT A film permit is required for videotaping or filming of the EVENT. The costs include a Fifty Dollar($50) application fee and a Five Hundred Dollar(S500)per day permit fee. If the above-mentioned alcohol sponsorship is paid, filming permit fees are included in the alcohol sponsorship. g:/agree!RacepPac e/j mf/j n/12/28/98 2 i • SECTION 6. FIRE DEPARTMENT REQUIREMENTS Emergency medical response plans must be developed in cooperation with and approved by CITY's Fire Department. Emergency vehicle access must be maintained throughout the EVENT at all times. A fire permit will be required for the use of tents and canopies. The cost is One Hundred Twenty-five Dollars ($125), which RACE PACE shall pay prior to each year's EVENT. A fire inspection will also be required on the final set-up days prior to each phase of the EVENT. Radio communication between RACE PACE staff, volunteers and CITY public safety staff must be maintained at all times during the EVENT. The radio communication plan is the responsibility of RACE PACE and must be approved by CITY's Fire and Police Departments and the Marine Safety Division. SECTION 7. POLICE DEPARTMENT REQUIREMENTS The total cost for police services will be estimated each year depending on the EVENT size. RACE PACE shall pay this total cost prior to each year's EVENT. The plan for volunteer placement for the purpose of monitoring road closure intersections must be approved by CITY's Police Department. RACE PACE shall sufficiently train volunteers and instruct them to remain at their designated site until the roads are reopened. SECTION 8. HOLD HARMLESS RACE PACE shall protect, defend, indemnify and save and hold harmless CITY, its officers, officials, and employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out of or in connection with RACE PACE's performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by RACE PACE, its officers, g:/agree/RacepPace/jmf/jn/12/28/98 3 i • agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. SECTION 9. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, RACE PACE acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; RACE PACE covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Unless RACE PACE files with CITY an approved signed Declaration of Non-Employer Status, RACE PACE shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000)bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000)bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. RACE PACE shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. RACE PACE shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and RACE PACE shall similarly require all subcontractors to waive subrogation. SECTION 10. GENERAL LIABILITY INSURANCE In addition to the workers' compensation insurance and RACE PACE's covenant to indemnify CITY, RACE PACE shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the EVENT. Said policy shall indemnify RACE PACE, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the EVENT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and g:lagree/RacepPace/j m6j n/12/28/98 4 property damage, including products/completed operations liability and blanket contractual liability, of$I,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than 51,000,000 for this EVENT. Said policy shall name CITY, its agents, its officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the EVENT shall be deemed excess coverage and that RACE PACE's insurance shall be primary. Under no circumstances shall the above-mentioned insurance contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage. SECTION 11. CERTIFICATES OF INSLTRANCE Prior to commencing performance of the work hereunder, RACE PACE shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C. shall promise that such policies shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty(30) days prior written notice; however, ten days prior written notice in the event of cancellation for nonpayment of premium. RACE PACE shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The Agreement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by RACE PACE under the Agreement. CITY or its gaagree/RacepPace/imVin/12/28/98 5 representative shall at all times have the right to demand the original or a copy of all said policies of insurance. RACE PACE shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. SECTION 12. BUSINESS LICENSE The following types of businesses that are not currently licensed in CITY are required to have a City of Huntington Beach business license for specific events: A. Any business or organization sponsoring or promoting the EVENT. B. A vendor of food or merchandise. C. A business making a pickup or delivery. D. A business performing a service, e.g., installing a public announcement system, setting up bleachers, security, etc. E. A band or musical group providing entertainment. F. A business advertising a product. G. A nonprofit organization soliciting or distributing literature. (There is no fee for nonprofit organizations if proper documents are provided.) There are several different ways of obtaining a business license, such as a"blanket style" taken out by the promoter of the event which would cover everyone involved. A one-day license is also an option. An additional fee schedule is available based on the number of days and number of vendor booths or stalls. This can be purchased on an annual or per event basis. A business license for a specific event should be purchased a minimum of one (1) week prior to the event. RACE PACE shall obtain the appropriate business license from CITY prior to each year's EVENT. g:/agree/RacepPace,imf/jn/12/28/48 6 • SECTION 13. PUBLIC WORKS Closure of Pacific Coast Highway must adhere to guidelines set out and approved by the California Department of Transportation("Cal Trans"). Closure of CITY streets must be approved by resolution of the City Council. The attached Closure Plan has been approved by Cal Trans and the City's Traffic Engineering Division (Exhibit"A"). Changes in the course may be necessary due to construction or public safety needs. These changes must be initially reviewed by the Specific Events Committee and CITY's Traffic Engineering Division, with final approval by the Director of Public Works. Any changes to the Closure Plan for state highways must obtain approval from Cal Trans. CITY's Public Works Department is responsible for the posting of NO PARKING signs. The cost of this service will be determined by CITY's Public Works Department and paid by RACE PACE prior to each year's EVENT. All temporary power needs where there is a need to access CITY electrical power must be coordinated through CITY's Public Works Department. The cost for this service will be determined on an annual basis and paid by RACE PACE prior to each year's EVENT. CITY will work in cooperation with RACE PACE to notify residents and businesses that are affected by the road closure. SECTION 14. BANNERS, There are numerous banner locations on light poles both on the pier and throughout the CITY. For banners located on Beach Boulevard or Pacific Coast Highway, RACE PACE is required to obtain a Cal Trans permit. No commercial advertising is permitted on either thoroughfare. The cost of installing and removing banners and location availability is determined by CITY's Public Works Department and paid by RACE PACE prior to each year's EVENT. There are also three locations on Main Street for banners across the street and one g:/agree/Rac epPace/jmf/jn/12/28198 7 0 • location at Pier Plaza. Reservations are subject to availability and all banners must comply with CITY specifications. SECTION 15. BEACH PARKING Subject to approval by the Community Services Director, RACE PACE may arrange parking for VIPs and participants for One Dollar($1) per space per day. Parking meters in the downtown area will be operational during the EVENT and anyone parking in the downtown parking structure will be charged the regular rate. RACE PACE must arrange a plan for all parking for EVENT volunteers and vendors with City's Community Services Parking Supervisor. RACE PACE must arrange accommodations for the parking needs of beach concessionaires. SECTION 16. BEACH CONCESSIONAIRES RACE PACE shall make arrangements with concessionaires to provide food and beverage needs for both the general public and EVENT staff for the EVENT. The impact of bringing in outside food concessions on the beach shall be reviewed by the Specific Events Committee and such may be a condition of approval for the EVENT. Dispensing of food and beverage outside of the EVENT area and not specifically indicated on the permit will not be allowed. SECTION 17. MARINE SAFETY Lifeguard emergency access must be maintained throughout the EVENT at all times. CITY's area of responsibility is from Seapoint Street to Beach Boulevard. RACE shall be responsible for obtaining the State's approval for maintaining lifeguard emergency access for the areas along the beach and service road beyond these boundaries. Signs must be posted along the g:,'agree/RacepPac e,j mVj n/12/2 8/98 8 beach service road thirty(30) days in advance advising the public of the EVENT. RACE PACE shall pay for these costs prior to each year's EVENT. SECTION 18. BEACH MAINTENANCE Portable rest rooms and trash pickup and removal should follow the established guidelines (one unit per five hundred (500) attendees, serviced daily.) If relocation of lifeguard towers is necessary to accommodate the EVENT, there will be a charge for this service, which RACE PACE shall pay prior to each year's EVENT. SECTION 19. COMMUNITY DEVELOPMENT RACE PACE is required to obtain a building permit for bleachers and platforms prior to each year's EVENT. RACE PACE shall submit plans for approval a minimum of forty-five (45) days prior to each year's EVENT. RACE PACE is required to obtain an electrical permit for vehicle-mounted or portable generators prior to each year's EVENT. The EVENT must be in compliance with the Americans with Disabilities Act. SECTION 20. CITY EMPLOYEES AND OFFICIALS RACE PACE shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. SECTION 21. ASSIGNING AS BREACH RACE PACE shall not encumber, assign, or otherwise transfer this Agreement, or any right or interest in this Agreement, without the express written consent of CITY first had and obtained. A consent by CITY to one assignment or transfer to another person shall not be deemed to be a consent to any subsequent assignment or transfer to another person. Any g:/agreeiRacepPaceijmf/jr/12/28i98 9 encumbrance, assignment or transfer,without the prior written consent of CITY, whether it be voluntary or involuntary,by operation of law or otherwise, is void and shall, at the option of CITY, terminate this Agreement. SECTION 22. NOTICES Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to RACE PACE or to CITY's Director of Community Services as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed as follows: TO CITY: TO RACE PACE: Ron Hagan Herb Massinger Director of Community Service RACE PACE PROMOTIONS City of Huntington Beach P.O. Box 795 2000 Main Street, P.O. Box 190 Dana Point, CA 92629 Huntington Beach, CA 92648 SECTION 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED RACE PACE and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. RACE PACE understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by RACE PACE. SECTION 24. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. SIGNATURES ON NEXT PAGE g:/agree/RacepP ace/j mf/j n/12/28i98 10 0 0 SECTION 25. ENTIRETY The foregoing, and Exhibit"A"attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. RACE PACE PROMOTIONS, CITY OF HUNTINGTON BEACH, a sole proprietorship a municipal corporation of the State of California By: Mayor (print name) iZ12j)98 Its Owner ATTEST: City Clerk APPROVED AS TO FORM: City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Di ctor of ommunity Services g:lagree•'IZacepPace;}mf?jni 1128(99 II .. ........ ............ . ......... ............................ ............... ... .. ... ....... ........... T ATTCHMENA:: C: IACAD14199MARAIRTEOO.dwg Tue Nov 10 10: 10. 29 1998 r ■ �� ,� GD1alIN / G1IG z -WAWA / NUBALE min / / I caLxAvcsr r�� / / / BEACH BLVD BEACH BLVD / / NEWLAND 11 NEVLAND BT / / p i > BI ' NADAOLIA I IT A B Bua+AaO Br ■ HUAtT t 3 9 ' AAa q t C: IACAD14199MARA\F'.TEOO .dwg Tje Slav .O 10: ;0: 29 :998 R , � r CNIM lop r G0.oEHVE:r r�l sr 11+ / DELAWARE 0.VD / lib+ uva FLIPIDA arnwa sr NEVUwo tr � a A s ula+taa tt � Nuyt7 sT 31 • � • Z ATTAC H M E N T #3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FOR THE TEMPORARY CLOSURE OF PORTIONS OF GOLDENWEST STREET, GARFIELD AVENUE, EDWARDS STREET, ELLIS AVENUE, PALM AVENUE, AND SEAPOINT STREET FOR THE PACIFIC SHORELINE MARATHON RUN WHEREAS, the City Council of the City of Huntington Beach desires to support community events and bring tourism to the City; and The City of Huntington Beach is a participating host of the Pacific Shoreline Marathon run in January of each year on the last Sunday of the month, and; The event organizers, Race Pace Promotions desire to enter into a ten-year agreement to build a world-class marathon in the City of Huntington Beach and to showcase portions of the city, and; This community event will require the closing of city streets to accommodate participants and guarantee public safety, NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of Huntington Beach approves the closure of Goldenwest Street., Garfield Avenue, Edwards Street, Ellis Avenue, Palm Avenue, Seapoint Street or other streets as deemed necessary for event management and public safety on the last Sunday of the month of January beginning in the year 2000 and ending in the year 2010 to accommodate the participants in the Pacific Shoreline Marathon. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , Mayor ATTEST: APPROVED S TO FORM: City Clerk 1/-Fity Attorney q1 •�I f�'c�� REVIEWED AND APPROVED: INITIATED AP ROVED: City Administrafor i ector Community Services jmVj n/closeave/12/16/98 ATTACHMENT #4 i • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING CALTRANS TO APPROVE THE CLOSING OF PACIFIC COAST HIGHWAY BETWEEN BEACH BOULEVARD AND WARIER AVENUE FOR THE PACIFIC SHORELINE MARATHON RUN FOR THE YEARS 2000-2010 N'-'HEREAS, the City Council of the City of Huntington Beach desires to support ~ community events and bring tourism to the City; and The City of Huntington Beach is a participating host of the Pacific Shoreline Marathon run in January of each year on the last Sunday of the month, and; This community event will require the closing of Pacific Coast Highway between Beach Boulevard and Warner Avenue, which requires the approval of Caltrans, NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of Huntington Beach requests that Caltrans approve the closure of Pacific Coast Highway between Beach Boulevard and Warner Avenue on the last Sunday of the month of January each year beginning in 2000 and ending in 2010 to accommodate the participants in the Pacific Shoreline Marathon. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of Mayor ATTEST: APPROVED AS TO FORM: City Clerk G—-a h-.z,_ypity Attorney zj�� , REVIEWED AND APPROVED: INITIATED PROVED: x..:. 7 J'Lz-"PV . City Administrator iZfrectoi uVCommunity Services jmf/jnhnarathon/12/16/98 RCA ROUTING SHEET INITIATING DEPARTMENT: Commun4 Services SUBJECT: Pacific Shoreline Marathon COUNCIL MEETING DATE: January 4, 1999 .RCNATTACHMENTS : STATUS Ordinance (w/exhibits & legislative draft if applicable) i Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full bX the City Attomeyj Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds If applicable) Not Applicable Staff Report (if applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXP.LANATIONFOR MISSING'ATTACHMENTS :.REVIEWED - RETURNED FOR. ED: Administrative Staff ) Assistant City Administrator Initial City Administrator Initial City Clerk ( ) EXPLANAT.I:ON: FORRETURN:OF:ITEM SpaceOnly) RCA Author: